{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-347.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-347.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-347.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-347.html"}],"law_id":54204,"edition_id":1,"section_id":54204,"structure_id":13189,"section_number":"56-347","catch_line":"Power of condemnation; limitation","history":"Code 1919, \u00a7 3857; 1920, p. 307; 1944, p. 536; Michie Suppl. 1946, \u00a7 3857a; 1956, c. 435; 1962, c. 221; 2003, c. 940.","full_text":"In addition to the powers conferred by Title 13.1, every corporation of this Commonwealth organized to conduct a railroad business shall have the power to acquire by the exercise of the right of eminent domain any lands or estates or interests therein, sand, earth, gravel, water or other material, structures, rights-of-way, easements or other interests in lands, including lands under water and riparian rights, of any person, which are deemed necessary for the purposes of construction, reconstruction, alteration, straightening, relocation, operation, maintenance, improvement or repair of its lines, facilities or works including depots, stations, shops, yards, industrial spurs, switches and sidetracks, terminals or additional tracks or facilities, and for all other necessary railroad purposes and purposes incidental thereto, for its use in serving the public, including permanent, temporary, continuous, periodical or future use, whenever such corporation cannot agree upon the terms of purchase or settlement with any such person because of the incapacity of such person or because of the inability to agree on the compensation to be paid or other terms of settlement or purchase, or because any such person cannot with reasonable diligence be found or is unknown or is a nonresident of the Commonwealth, or is unable to convey valid title to such property. Such proceedings shall be conducted in the manner provided by Chapter 2 (\u00a7 25.1-200 et seq.) of Title 25.1 and shall be subject to the provisions of \u00a7 25.1-102. Provided, however, such corporation shall not take by condemnation proceedings a strip of land for its right-of-way within sixty feet of the dwelling house of any person except (a) when the court having jurisdiction of the condemnation proceeding finds, after notice of motion to be granted authority to do so to the owner of such dwelling house, given in the manner provided in \u00a7\u00a7 25.1-209, 25.1-210, and 25.1-212, and a hearing thereon, that it would otherwise be impractical, without unreasonable expense, to construct the proposed works of the corporation at another location; or (b) in case of occupancy of the streets or alleys, public or private, of any county, city or town, in pursuance of permission obtained from the board of supervisors of such county or the corporate authorities of such city or town; or (c) in case of occupancy of the highways of this Commonwealth or of any county, in pursuance of permission obtained from the authorities having jurisdiction over such highways.","order_by":null,"text":{"0":{"id":199058,"text":"In addition to the powers conferred by Title 13.1, every corporation of this Commonwealth organized to conduct a railroad business shall have the power to acquire by the exercise of the right of eminent domain any lands or estates or interests therein, sand, earth, gravel, water or other material, structures, rights-of-way, easements or other interests in lands, including lands under water and riparian rights, of any person, which are deemed necessary for the purposes of construction, reconstruction, alteration, straightening, relocation, operation, maintenance, improvement or repair of its lines, facilities or works including depots, stations, shops, yards, industrial spurs, switches and sidetracks, terminals or additional tracks or facilities, and for all other necessary railroad purposes and purposes incidental thereto, for its use in serving the public, including permanent, temporary, continuous, periodical or future use, whenever such corporation cannot agree upon the terms of purchase or settlement with any such person because of the incapacity of such person or because of the inability to agree on the compensation to be paid or other terms of settlement or purchase, or because any such person cannot with reasonable diligence be found or is unknown or is a nonresident of the Commonwealth, or is unable to convey valid title to such property. Such proceedings shall be conducted in the manner provided by Chapter 2 (\u00a7 25.1-200 et seq.) of Title 25.1 and shall be subject to the provisions of \u00a7 25.1-102. Provided, however, such corporation shall not take by condemnation proceedings a strip of land for its right-of-way within sixty feet of the dwelling house of any person except (a) when the court having jurisdiction of the condemnation proceeding finds, after notice of motion to be granted authority to do so to the owner of such dwelling house, given in the manner provided in \u00a7\u00a7 25.1-209, 25.1-210, and 25.1-212, and a hearing thereon, that it would otherwise be impractical, without unreasonable expense, to construct the proposed works of the corporation at another location; or (b) in case of occupancy of the streets or alleys, public or private, of any county, city or town, in pursuance of permission obtained from the board of supervisors of such county or the corporate authorities of such city or town; or (c) in case of occupancy of the highways of this Commonwealth or of any county, in pursuance of permission obtained from the authorities having jurisdiction over such highways.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13189,"edition_id":1,"name":"Powers","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12995,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":249487,"object_type":"structure","relational_id":13189,"identifier":"2","token":"56\/13\/2","url":"\/56\/13\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12995,"edition_id":1,"name":"Railroad Corporations","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":249439,"object_type":"structure","relational_id":12995,"identifier":"13","token":"56\/13","url":"\/56\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75784,"structure_id":13189,"section_number":"56-346","catch_line":"Certain powers conferred by law on railroad corporations","url":"\/56-346\/","token":"56\/13\/2\/56-346","metadata":false},{"id":54204,"structure_id":13189,"section_number":"56-347","catch_line":"Power of condemnation; limitation","url":"\/56-347\/","token":"56\/13\/2\/56-347","metadata":false},{"id":71915,"structure_id":13189,"section_number":"56-348","catch_line":"Repealed","url":"\/56-348\/","token":"56\/13\/2\/56-348","metadata":false},{"id":70311,"structure_id":13189,"section_number":"56-349","catch_line":"Repealed","url":"\/56-349\/","token":"56\/13\/2\/56-349","metadata":false},{"id":69093,"structure_id":13189,"section_number":"56-352","catch_line":"Railroad to have an insurable interest in property along its route","url":"\/56-352\/","token":"56\/13\/2\/56-352","metadata":false},{"id":79077,"structure_id":13189,"section_number":"56-353","catch_line":"Railroad company may appoint police agents","url":"\/56-353\/","token":"56\/13\/2\/56-353","metadata":false},{"id":57897,"structure_id":13189,"section_number":"56-354","catch_line":"Conductors, etc., to be conservators of the peace","url":"\/56-354\/","token":"56\/13\/2\/56-354","metadata":false}],"previous_section":{"id":75784,"structure_id":13189,"section_number":"56-346","catch_line":"Certain powers conferred by law on railroad corporations","url":"\/56-346\/","token":"56\/13\/2\/56-346","metadata":false},"next_section":{"id":71915,"structure_id":13189,"section_number":"56-348","catch_line":"Repealed","url":"\/56-348\/","token":"56\/13\/2\/56-348","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-347\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 435; in 1962, chapter 221; in 2003, chapter 940<\/a>.<\/p>","references":[{"id":75636,"section_number":"5.1-2.5","catch_line":"Eminent domain; right of entry","order_by":null,"url":"\/5.1-2.5\/"},{"id":75784,"section_number":"56-346","catch_line":"Certain powers conferred by law on railroad corporations","order_by":null,"url":"\/56-346\/"}],"refers_to":[{"id":56240,"section_number":"25.1-102","catch_line":"Condemnation of property of corporations possessing power of eminent domain","order_by":null,"url":"\/25.1-102\/"},{"id":62316,"section_number":"25.1-200","catch_line":"Chapter controls condemnation proceedings","order_by":null,"url":"\/25.1-200\/"},{"id":70283,"section_number":"25.1-209","catch_line":"Notice of filing of petition","order_by":null,"url":"\/25.1-209\/"},{"id":74136,"section_number":"25.1-210","catch_line":"Service of notice by order of publication; mailing copy of notice by publication","order_by":null,"url":"\/25.1-210\/"},{"id":71892,"section_number":"25.1-212","catch_line":"Personal service of notice on nonresident owner","order_by":null,"url":"\/25.1-212\/"}],"permalink":{"id":249493,"object_type":"law","relational_id":54204,"identifier":"56-347","token":"56\/13\/2\/56-347","url":"\/56-347\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-347\/","token":"56\/13\/2\/56-347","dublin_core":{"Title":"Power of condemnation; limitation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-347","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In addition to the powers conferred by Title 13.1, every corporation<\/span> of this Commonwealth organized to conduct a railroad<\/span> business shall have the power to acquire by the exercise of the right of eminent domain any lands or estates or interests therein, sand, earth, gravel, water or other material<\/span>, structures, rights-of-way, easements or other interests in lands, including lands under water and riparian rights, of any person<\/span>, which are deemed necessary for the purposes of construction, reconstruction, alteration, straightening, relocation, operation, maintenance, improvement or repair of its lines, facilities or works including depots, stations, shops, yards, industrial spurs, switches and sidetracks, terminals or additional tracks or facilities, and for all other necessary railroad<\/span> purposes and purposes incidental thereto, for its use in serving the public, including permanent, temporary, continuous, periodical or future use, whenever such corporation<\/span> cannot agree upon the terms of purchase or settlement<\/span> with any such person<\/span> because of the incapacity of such person<\/span> or because of the inability to agree on the compensation to be paid or other terms of settlement<\/span> or purchase, or because any such person<\/span> cannot with reasonable diligence be found or is unknown or is a nonresident of the Commonwealth, or is unable to convey valid title to such property. Such proceedings shall be conducted in the manner provided by Chapter 2 (\u00a7 25.1-200<\/a> et seq.) of Title 25.1 and shall be subject to the provisions of \u00a7 25.1-102<\/a>. Provided, however, such corporation<\/span> shall not take by condemnation proceedings a strip of land for its right-of-way within sixty feet of the dwelling house of any person<\/span> except (a) when the court<\/span> having jurisdiction<\/span> of the condemnation proceeding finds, after notice of motion<\/span> to be granted authority to do so to the owner of such dwelling house, given in the manner provided in \u00a7\u00a7 25.1-209<\/a>, 25.1-210<\/a>, and 25.1-212<\/a>, and a hearing<\/span> thereon, that it would otherwise be impractical, without unreasonable expense, to construct the proposed works of the corporation<\/span> at another location; or (b) in case of occupancy of the streets or alleys, public or private, of any county, city or town, in pursuance of permission obtained from the board of supervisors of such county or the corporate authorities of such city or town; or (c) in case of occupancy of the highways<\/span> of this Commonwealth or of any county, in pursuance of permission obtained from the authorities having jurisdiction<\/span> over such highways<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWER OF CONDEMNATION; LIMITATION (\u00a7 56-347)\n\nIn addition to the powers conferred by Title 13.1, every corporation of this\nCommonwealth organized to conduct a railroad business shall have the power to\nacquire by the exercise of the right of eminent domain any lands or estates or\ninterests therein, sand, earth, gravel, water or other material, structures,\nrights-of-way, easements or other interests in lands, including lands under\nwater and riparian rights, of any person, which are deemed necessary for the\npurposes of construction, reconstruction, alteration, straightening, relocation,\noperation, maintenance, improvement or repair of its lines, facilities or works\nincluding depots, stations, shops, yards, industrial spurs, switches and\nsidetracks, terminals or additional tracks or facilities, and for all other\nnecessary railroad purposes and purposes incidental thereto, for its use in\nserving the public, including permanent, temporary, continuous, periodical or\nfuture use, whenever such corporation cannot agree upon the terms of purchase or\nsettlement with any such person because of the incapacity of such person or\nbecause of the inability to agree on the compensation to be paid or other terms\nof settlement or purchase, or because any such person cannot with reasonable\ndiligence be found or is unknown or is a nonresident of the Commonwealth, or is\nunable to convey valid title to such property. Such proceedings shall be\nconducted in the manner provided by Chapter 2 (\u00a7 25.1-200 et seq.) of Title\n25.1 and shall be subject to the provisions of \u00a7 25.1-102. Provided, however,\nsuch corporation shall not take by condemnation proceedings a strip of land for\nits right-of-way within sixty feet of the dwelling house of any person except\n(a) when the court having jurisdiction of the condemnation proceeding finds,\nafter notice of motion to be granted authority to do so to the owner of such\ndwelling house, given in the manner provided in \u00a7\u00a7 25.1-209, 25.1-210, and\n25.1-212, and a hearing thereon, that it would otherwise be impractical, without\nunreasonable expense, to construct the proposed works of the corporation at\nanother location; or (b) in case of occupancy of the streets or alleys, public\nor private, of any county, city or town, in pursuance of permission obtained\nfrom the board of supervisors of such county or the corporate authorities of\nsuch city or town; or (c) in case of occupancy of the highways of this\nCommonwealth or of any county, in pursuance of permission obtained from the\nauthorities having jurisdiction over such highways.\n\nHISTORY: Code 1919, \u00a7 3857; 1920, p. 307; 1944, p. 536; Michie Suppl. 1946, \u00a7\n3857a; 1956, c. 435; 1962, c. 221; 2003, c. 940.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}